In Victoria, a person whose application for leave to appeal against sentence has been refused after a hearing on the merits cannot bring a second or subsequent application for leave to appeal, even on the basis of fresh evidence. The statutory appellate jurisdiction is exhausted by the merits determination, regardless of whether the order takes the form of a refusal of leave or a dismissal of the appeal. The only avenue for challenging a sentence after exhaustion of the appeal right is a petition for mercy under s 327 of the CPA. The question whether a further application may be made where the first application was refused without deciding the merits was left open.
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